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BOOK - 2005R - B.O.C.C.-----------------------------------
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OCTOBER 3, 2005
The
Zoning Meeting
Commissioners present:
CHAIRMAN ST.CERNY WAS ABSENT FOR THE ENTIRE MEETING.
The Vice Chairman called the meeting to order at 9:30 a.m.
A COPY OF THE
HEARING EXAMINER’S RECOMMENDATION
IS ON FILE IN THE MINUTES
OFFICE.
NAME: BUCKINGHAM 320 RPD
REQUEST: The extension of the Master Concept Plan for Buckingham 320 Residential Planned
Development (RPD) for a period not to exceed 12 months. This would allow the original
zoning approval (#Z-00-029) to be extended for 12 months, from December 4, 2005 to
December 4, 2006, pursuant to Land Development Code Section 34-381.
LOCATION: 3621 Buckingham Road, located on the east side of Buckingham Road, south of Palm
STRAP NUMBER: The applicant indicates the STRAP numbers are:
32-43-26-00-00003.0000
33-43-26-00-00004.0000
33-43-26-00-00004.0010
SIZE OF PROPERTY: 325.00± acres
After Zoning Director Pam Houck stated that Development Services Senior Planner Alvin (Chip) Block would be
unable to attend, the Vice-Chairman noted there were no participants of record. Commissioner Judah moved the
extension, seconded by Commissioner Hall, called and carried with Commissioner St. Cerny absent.
RESOLUTION NO. Z-05-076
NAME: HEIGHTS COMMUNITY CENTER
REQUEST: Rezone 4.89+/- acres from Agricultural (AG-2) and Two-Family Conversion (TFC-1) to
Community Facilities Planned Development (CFPD), to allow a maximum14,000
square foot building for the Harlem Heights Community and Cultural Arts Center.
LOCATION: 15570 Hagie Drive
STRAP NUMBER: The applicant indicates the STRAP numbers are:
32-45-24-01-000J0.0120
32-45-24-01-000J0.012B
32-45-24-01-000J0.012A
SIZE OF PROPERTY: 4.89± acres
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Zoning Director Pam Houck, reviewed the request, noted that staff and Hearing Examiner recommended approval,
and stated there were no participants of record. The applicant was available to respond to questions. Commissioner
Judah moved approval, seconded by Commissioner Albion, called and carried with Commissioner St. Cerny absent.
RESOLUTION NO. Z-05-067
NAME: GATOR RECREATION COMPLEX
REQUEST: Rezone 7.1+/- acres from AG-2 to CPD, to allow for the development of a 60,400
square foot Gator Recreational Complex, which includes uses such as a 40-lane bowling
alley, video arcade, restaurant and bar, and convention center; and a 1.56+/- acre out
parcel with 21,000 square feet of office and/or retail uses.
located at the northeast corner of Plantation Road and Six Mile Cypress Parkway.
STRAP NUMBER: The applicant indicates the STRAP number is:
30-45-25-00-00002.0000
SIZE OF PROPERTY: 7.10± acres
Zoning Director Pam Houck reviewed the request, noted that staff and Hearing Examiner recommended approval with
conditions, pointed out that the level of service (LOS) of the road may go to LOS “F” before the applicant is able to
obtain a Development Order. In response to Commissioner Albion’s question, Assistant County Attorney Timothy
Jones mentioned that the standard condition in all Planned Development Resolutions states that the approval of the
Planned Development does not guarantee a Development Order; and that it has to meet concurrency rules, and
requirements for traffic and other infrastructure. Representative of the applicant, Al Quattrone of Quattrone &
Associates stated that the proposed project is located at the intersection of Plantation Road and Six Miles Cypress; that
there is access to the proposed project from Six Mile Cypress; there is adequate capacity, but may not have a
secondary access to Plantation Road; and requested the Board approve the rezoning. Attorney Jones further stated
that the proposed project could have severe limitations, and poses a problem if it does not meet standard site location,
if it does not have access to two intersecting collective arterials. The Vice-Chairman noted that there were no
participants of record. After discussion, Commissioner Judah expressed concern on the issues of the level of service
and concurrency standards; and noted he could not support the rezoning. Commissioner Albion moved to approve the
Staff and Hearing Examiner’s recommendation with the understanding that the applicant needs to be fully aware of
the responsibility that the surrounding road network has to meet the concurrency standards in order to proceed with
the development order, per section 34-41, expressing specifically the Board’s concerns about Plantation Road to be
able to meet, per concurrency requirements, level of service as required by the same section, seconded by
Commissioner Janes. Commissioner Janes pointed out that he was in support of the motion because it was his
understanding that there will be no development order unless it meets concurrency standards. The motion was called
and carried with Commissioner Judah voting nay and Commissioner St. Cerny absent.
RESOLUTION NO. Z-05-046
NAME: RLR CAPTIVA CENTER CPD
REQUEST: Amend the CPD, Resolution Z-99-059, to change the mix of retail uses and add office
uses. The applicant has proposed two Options with the total square footage not to
exceed 4,670 square feet for the retail and 7,055 square feet for office on .68+/- acres.
LOCATION: 15050 Captiva Drive, Captiva, FL, from Sanibel Island take Captiva Drive north to
15050 Captiva Drive.
STRAP NUMBER: The applicant indicates the STRAP number is:
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35-45-21-03-00031.0000
SIZE OF PROPERTY: 30,000.00± square feet
Zoning Director Pam Houck reviewed the request, and noted that Staff and the Hearing Examiner recommended
approval with conditions and deviations. Commissioner Albion expressed concern for the reduction in the parking
spaces; and Ms. Houck stated that with the limited uses, location and pedestrian access; staff was comfortable with the
reduction. Attorney Beverly Grady, of the law firm of Roetzel and Andress, representing the applicant, gave a
summary report of the proposed project and the Community Planning Council’s support of retail office; and provided
correspondence
from various residents of Captiva, all of which had expressed their support for the proposed project.
Bean, Whitaker, Lutz and Kareh Certified Planner Tracy Bean, representing the applicant, gave a detailed analysis on
the issues of parking and deviations, and noted the Planning Council members were adamant about retail uses. The
Chairman called for the Participant of Record, and the following individual came forward:
deviation and objected to the deviations; noting parking problems on Captiva.
Commissioner Janes expressed his support for the project; noted parking has always been a tremendous problem on
Captiva; and suggested continued work to address parking on Captiva. Commissioner Janes moved approval,
seconded by Commissioner Hall for discussion, called and carried with Commissioner St. Cerny absent.
RESOLUTION NO. Z-05-062
NAME: GOODLAD OFFICE EXPANSION
REQUEST: Rezone 0.92 acres from Residential Single Family (RS-1) and Commercial (CS-1) to
Commercial Planned Development (CPD), to permit 6,000 square foot general office
for emergency service vehicle use only.
STRAP NUMBER: The applicant indicates the STRAP numbers are:
32-44-27-02-00013.0040
32-44-27-02-00013.0070
SIZE OF PROPERTY: 0.92± acres
Zoning Director Pam Houck reviewed the request, noted that Staff and the Hearing Examiner (HE) recommend
approval with conditions, and stated there were two participants of record. RHT Engineering representative Richard
H. Thompson, representing the applicant, clarified that Cleveland Lane and Joel Boulevard did not intersect, they are
front and back of the property; stated one item of concern with special condition 3 concerning the buffer along the
west property line; and requested a type C buffer along that property line. The Vice-Chairman called the names of the
participants; however, no one came forward. In response to Commissioner Judah’s inquiry, Principal Environmental
Planner Kim Trebatoski noted that she did not know if the buffer could be moved to another area of the development;
and clarified Mr. Thompson’s statement noting that when new parking or roads are proposed within 125 feet of
residential property lines, the Land Development Code requires a wall a minimum of 25 feet off the property line with
type C plantings or a thirty-foot wide type planting buffer. After noting that there wasn’t sufficient room for a fence,
she stated that it seemed that the Hearing Examiner had blended the two requirements. Commissioner Judah moved
the HE’s recommendation, seconded by Commissioner Albion for discussion. Director of Environmental Science
Rick Joyce, in response to Commissioner Albion’s question on storm water management, assured that the code allows
for creative planting, and that it would not pose a problem. The motion was called and carried with Commissioner St.
Cerny absent.
RESOLUTION NO. Z-05-054
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NAME:
REQUEST:
LOCATION:
STRAP NUMBER:
DCI2005-00001
COBBLESTONE RPD
Rezone +/- 50 acres from Commercial Planned Development (CPD) to Residential
Planned Development (RPD), to permit 216 dwelling units (including single-family and
multi-family) with a maximum building height of 50 feet/4 stories. No development
blasting is requested.
11780 Six Mile Cypress, take Six Mile Cypress Parkway south from Colonial
Boulevard to the subject property on the NW corner of Penzance Boulevard and Six
Mile Cypress Parkway.
The applicant indicates the STRAP numbers are:
08-45-25-00-00003.2000
08-45-25-00-00004.0030
08-45-25-00-00004.001A
08-45-25-00-00004.0040
SIZE OF PROPERTY: 50± acres
Pam Houck reviewed the request; and stated that Staff and the Hearing Examiner recommend approval with
conditions. In response to Commissioner Albion’s inquiry, Ms. Houck confirmed that the Land Development Code
would handle the general concerns of the neighbors. Attorney Charles Basinait, with the law firm of Henderson,
Franklin, et al, representing the applicant, noted a correction to Ms Houck’s review of the request that it was two
stories, thirty-five feet for the maximum height; and noted minor modifications to the Resolution in terms of setbacks
and things of that nature. Vice-Chairman Hall called for the participants of record; however, no one came forward.
Commissioner Albion moved the Staff and Hearing Examiner recommendation, seconded by Commissioner Judah.
Commissioner Judah applauded the developer for the exceptional effort in the rezoning. The motion was called and
carried with Commissioner St. Cerny absent.
RESOLUTION NO. Z-05-057
NAME: WATROUS PLANTATION
REQUEST: Rezone a 32.57+/- acre property from Agricultural (AG-2) to Residential Planned
Development (RPD), to permit a total maximum of 195 dwelling units (154 multi-
family units, 40 single-family units, 1 multi-family unit in the proposed clubhouse).
Maximum height of buildings is 75 feet (multi-family units). No blasting is proposed
on-site.
Iona Road, property on right side across from Portside Drive/Harbour Isle Estates.
STRAP NUMBER: The applicant indicates the STRAP number is:
36-45-23-00-00013.0020
SIZE OF PROPERTY: 32.57± acres
PROPERTY OWNER'S
Chuck ClaypoolREPRESENTATIVE:
239-454-4880
Gulf to Bay Construction, Inc.
Pamela Houck reviewed the request, and stated that Staff recommend approval and the Hearing Examiner recommend
approval with a reduction in the dwelling units to 40 single-family and 120 multi-family for a total of 160 dwelling
units and a maximum building height of 55 feet. Attorney Kevin Jurinski, representing the applicant, stated that they
fully support the Staff recommendation and in large part the recommendation of the Hearing Examiner; and noted that
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the two differences with the Hearing Examiner’s recommendation are the height and density. He continued by
providing a brief history of the request noting the vegetation, height of buildings and density; and cited other
developments with similar or greater density. Attorney Jurinski requested approval of a density of 5.83 units per acre
and building height of 75 feet. Vice Chairman Hall called for the participants of record and the following concerned
citizens came forward:
Attorney Michael J. Ciccarone, of the law firm of Annis, Mitchell, et al., representing Howard Wright
handout
on file in Minutes Office)
The general concerns of the speakers were: infrastructure, drainage, roadways, density, increased traffic, emergency
services access, and building height. In response to the concerns from the participants of record, Attorney Jurinski
stated that the record is clear that the level of service will remain at “D”, clarified that the density numbers he
presented, prior to public comment, were taken from the oppositions expert’s report; and opined that The Towers are
within 600 feet of the residences with no buffers and the proposed project is 1,200 feet away with a heavy buffer; and
noted that they would comply with all drainage regulations. He further noted that the easement agreement was not
part of this hearing. Commissioner Judah stated that while he neither gains or benefits or is injured by the outcome of
the case, the surrounding residents will be impacted by this proposed development; that the major area of concern was
the traffic impact; and that he could support three units per acre and the height of 45 feet above flood elevation. He
further noted that would be his motion. The Chairman called for a second, and the motion failed due to the lack of a
second. In response to Commissioner Albion’s request, Ms Houck stated that irregardless the level of service for Iona
Road would remain at level of service “D” whether the units are added or not; and noted that offsite improvement are
addressed at the time of the Local Development Order. Discussion ensued regarding the curviness of Iona Road and
the public safety issue it might cause with an increase in traffic, in which Assistant County Attorney Timothy Jones
clarified that the level of service takes into account the design of the road, the signal lights and the turn lanes on that
roadway. Commissioner Judah moved to continue this item to the next meeting, seconded by Commissioner Janes,
called and carried with Commissioner St. Cerny absent.
The Chairman adjourned the meeting at 12:10 p.m.
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